+ Reply to Thread
Results 1 to 13 of 13

Thread: Medical Records

  1. #1
    CJane is offline Senior Member
    Join Date
    Feb 2005
    Location
    Kansas City
    Posts
    19,807

    Medical Records

    What is the name of your state? MO, but I think I'm looking for federal info...

    Is there a federal law - similar to FERPA - that allows access to medical records? I'm having a hard time getting records from my kids' dentist and plan to request (AGAIN) the records, but I want to be able to site something specific.

    The problem - I signed a release form, and they called and said that they'd need written permission from my ex to release the records to me. I told them that they did NOT, that we have joint custody and therefore I have a legal right to the records. I even faxed over the portion of our order that says that I have access to records.

    They 'complied' by sending me a print out of the visit history.

    I want the ENTIRE file, specifically the sheets that are filled out every visit with who brought them in and why, emergency information, HIPAA info, etc. The 'meat' of the file, if you will.

    They are steadfastly refusing to release those things to me, claiming it would be a violation of HIPAA and that the ONLY way I can get the papers is with the consent of my ex.

    I am primary custodian.
    We have joint legal custody.

    I am at a loss.
    I do not/will not have an attorney.
  2. #2
    casa is offline Senior Member
    Join Date
    Oct 2004
    Location
    In the Vortex <CA>
    Posts
    7,121
    Quote Originally Posted by CJane View Post
    What is the name of your state? MO, but I think I'm looking for federal info...

    Is there a federal law - similar to FERPA - that allows access to medical records? I'm having a hard time getting records from my kids' dentist and plan to request (AGAIN) the records, but I want to be able to site something specific.

    The problem - I signed a release form, and they called and said that they'd need written permission from my ex to release the records to me. I told them that they did NOT, that we have joint custody and therefore I have a legal right to the records. I even faxed over the portion of our order that says that I have access to records.

    They 'complied' by sending me a print out of the visit history.

    I want the ENTIRE file, specifically the sheets that are filled out every visit with who brought them in and why, emergency information, HIPAA info, etc. The 'meat' of the file, if you will.

    They are steadfastly refusing to release those things to me, claiming it would be a violation of HIPAA and that the ONLY way I can get the papers is with the consent of my ex.

    I am primary custodian.
    We have joint legal custody.

    I am at a loss.
    I do not/will not have an attorney.
    They are full of **** Cjane. You can find the request form @ [url]www.deltabravo.net[/url]
    You can also find the one to send them if they do not comply
  3. #3
    casa is offline Senior Member
    Join Date
    Oct 2004
    Location
    In the Vortex <CA>
    Posts
    7,121
    Also you'd have that Right regardless of whether you had Custody or not!

    But, if you want a quicker result than mailing the formal letter, march down there & give them a copy of the Court Order.
  4. #4
    CJane is offline Senior Member
    Join Date
    Feb 2005
    Location
    Kansas City
    Posts
    19,807
    Quote Originally Posted by casa View Post
    They are full of **** Cjane.
    Well, I knew that!

    You can find the request form @ [url]www.deltabravo.net[/url]
    You can also find the one to send them if they do not comply
    Thank you. And thank you.

    Thankfully this will all come to a head soon. I'd like to only OFFER advice for awhile.
  5. #5
    CJane is offline Senior Member
    Join Date
    Feb 2005
    Location
    Kansas City
    Posts
    19,807
    Quote Originally Posted by casa View Post
    Also you'd have that Right regardless of whether you had Custody or not!

    But, if you want a quicker result than mailing the formal letter, march down there & give them a copy of the Court Order.
    I know I would. That's what I told the receptionist person. She just said "Oh. Well, that's not our policy."

    There's more, of course.

    The first time I called them, I just said "This is Wild and Unruly's mom. I need a copy of their records" And she offered to fax me the release form.

    It came across the fax addressed to STEPMOM.

    I filled it out, sent it back and then called to make sure they got it. At that time, I said "And my name is Jane, not XXXXX" THEN she said "Well, you're certainly not listed as the child's mother."

    THAT'S why I NEED the records.
  6. #6
    casa is offline Senior Member
    Join Date
    Oct 2004
    Location
    In the Vortex <CA>
    Posts
    7,121
    Quote Originally Posted by CJane View Post

    THAT'S why I NEED the records.
    That's why you're going to get them

    Here's the 1st letter: [url]http://www.deltabravo.net/custody/medrecords.php[/url]

    And just because I love you so much:

    Missouri
    Missouri Revised Statutes, Chapter 452
    Section 452.375

    7. Upon a finding by the court that either parent has refused to exchange information with the other parent, which shall include but not be limited to information concerning the health, education and welfare of the child, the court shall order the parent to comply immediately and to pay the prevailing party a sum equal to the prevailing party's cost associated with obtaining the requested information, which shall include but not be limited to reasonable attorney's fees and court costs.

    10. Unless a parent has been denied custody rights pursuant to this section or visitation rights under section 452.400, both parents shall have access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records. If the parent without custody has been granted restricted or supervised visitation because the court has found that the parent with custody or the child has been the victim of domestic violence, as defined in section 455.200, RSMo, by the parent without custody, the court may order that the reports and records made available pursuant to this subsection not include the address of the parent with custody or the child. Unless a parent has been denied custody rights pursuant to this section or visitation rights under section 452.400, any judgment of dissolution or other applicable court order shall specifically allow both parents access to such records and reports.

    11. Except as otherwise precluded by state or federal law, if any individual, professional, public or private institution or organization denies access or fails to provide or disclose any and all records and information, including, but not limited to, past and present dental, medical and school records pertaining to a minor child, to either parent upon the written request of such parent, the court shall, upon its finding that the individual, professional, public or private institution or organization denied such request without good cause, order that party to comply immediately with such request and to pay to the prevailing party all costs incurred, including, but not limited to, attorney's fees and court costs associated with obtaining the requested information.
    Last edited by casa; 08-19-2007 at 03:48 PM.
  7. #7
    CJane is offline Senior Member
    Join Date
    Feb 2005
    Location
    Kansas City
    Posts
    19,807
    Quote Originally Posted by casa View Post
    That's why you're going to get them

    Here's the 1st letter: [url]http://www.deltabravo.net/custody/medrecords.php[/url]

    And just because I love you so much:

    Missouri
    Missouri Revised Statutes, Chapter 452
    Section 452.375

    7. Upon a finding by the court that either parent has refused to exchange information with the other parent, which shall include but not be limited to information concerning the health, education and welfare of the child, the court shall order the parent to comply immediately and to pay the prevailing party a sum equal to the prevailing party's cost associated with obtaining the requested information, which shall include but not be limited to reasonable attorney's fees and court costs.

    10. Unless a parent has been denied custody rights pursuant to this section or visitation rights under section 452.400, both parents shall have access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records. If the parent without custody has been granted restricted or supervised visitation because the court has found that the parent with custody or the child has been the victim of domestic violence, as defined in section 455.200, RSMo, by the parent without custody, the court may order that the reports and records made available pursuant to this subsection not include the address of the parent with custody or the child. Unless a parent has been denied custody rights pursuant to this section or visitation rights under section 452.400, any judgment of dissolution or other applicable court order shall specifically allow both parents access to such records and reports.

    11. Except as otherwise precluded by state or federal law, if any individual, professional, public or private institution or organization denies access or fails to provide or disclose any and all records and information, including, but not limited to, past and present dental, medical and school records pertaining to a minor child, to either parent upon the written request of such parent, the court shall, upon its finding that the individual, professional, public or private institution or organization denied such request without good cause, order that party to comply immediately with such request and to pay to the prevailing party all costs incurred, including, but not limited to, attorney's fees and court costs associated with obtaining the requested information.
    And there's not even a kissy face emoticon.

    Thanks. I'm off to print this crap out. Guess I have some errands to run tomorrow. I need the instant gratification of 'marching in there' as opposed to 'angry mailing'.
  8. #8
    BS Spotter Guest
    In addition CJane...I would make note of this being your ___rd/th request for this information and that they should provide this information to you within 5 business days -- or a time window similar to this.
  9. #9
    Zephyr is offline Senior Member
    Join Date
    Mar 2005
    Location
    Funkytowwwwwn
    Posts
    9,043
    I would think, seeing as she has asked for it several times and she will be standing right there in the office- immediatley would be a good time frame- but that's me
  10. #10
    CJane is offline Senior Member
    Join Date
    Feb 2005
    Location
    Kansas City
    Posts
    19,807
    Quote Originally Posted by Zephyr View Post
    I would think, seeing as she has asked for it several times and she will be standing right there in the office- immediatley would be a good time frame- but that's me
    Well, being the ever reasonable one, I'm willing to give them a few days.

    I took the kids to school today because I had to get new copies of all of their enrollment information so I can re-do it and send it in tomorrow - SMom is listed on the 'parent' line for everything - in her handwriting - except the medical release info. That has my name in the 'mom' space - but only my first name, no phone number, nothing. SMom is listed as auxiliary contact.

    Ex also filled out the bus schedule wrong - says they should be picked up at his house on Th and e/o Friday - they should be picked up at his house EVERY FRIDAY. Dumbass.

    For 'my' days, he's simply filled in "On M,T and e/o F kids should be dropped off at 'Mom's Arrangement'.

    This was all in a SEALED envelope. How confused would the school be, really? Dumbass.

    So, I've got plenty to do w/out standing around in the Dentist's office while the receptionist figures out how to run a copier.

    Ex also changed the contact info @ Children's Mercy and removed me, so I have to go down there today and fix that so I can get a copy of medical test results.

    Tomorrow, he and I have to meet with a psychologist that's going to evaluate the youngest girl since Ex's wife thinks she's ADD. Won't THAT be fun. Maybe she'll decide he should be involuntarily committed...
  11. #11
    casa is offline Senior Member
    Join Date
    Oct 2004
    Location
    In the Vortex <CA>
    Posts
    7,121
    Quote Originally Posted by CJane View Post
    Well, being the ever reasonable one, I'm willing to give them a few days.

    I took the kids to school today because I had to get new copies of all of their enrollment information so I can re-do it and send it in tomorrow - SMom is listed on the 'parent' line for everything - in her handwriting - except the medical release info. That has my name in the 'mom' space - but only my first name, no phone number, nothing. SMom is listed as auxiliary contact.

    Ex also filled out the bus schedule wrong - says they should be picked up at his house on Th and e/o Friday - they should be picked up at his house EVERY FRIDAY. Dumbass.

    For 'my' days, he's simply filled in "On M,T and e/o F kids should be dropped off at 'Mom's Arrangement'.

    This was all in a SEALED envelope. How confused would the school be, really? Dumbass.

    So, I've got plenty to do w/out standing around in the Dentist's office while the receptionist figures out how to run a copier.

    Ex also changed the contact info @ Children's Mercy and removed me, so I have to go down there today and fix that so I can get a copy of medical test results.

    Tomorrow, he and I have to meet with a psychologist that's going to evaluate the youngest girl since Ex's wife thinks she's ADD. Won't THAT be fun. Maybe she'll decide he should be involuntarily committed...
    Only in our dreams....
  12. #12
    BS Spotter Guest
    Quote Originally Posted by Zephyr View Post
    I would think, seeing as she has asked for it several times and she will be standing right there in the office- immediatley would be a good time frame- but that's me
    I might have missed that she was going to personally grace them with her presence.
  13. #13
    BS Spotter Guest
    Quote Originally Posted by CJane View Post
    Well, being the ever reasonable one, I'm willing to give them a few days.

    I took the kids to school today because I had to get new copies of all of their enrollment information so I can re-do it and send it in tomorrow - SMom is listed on the 'parent' line for everything - in her handwriting - except the medical release info. That has my name in the 'mom' space - but only my first name, no phone number, nothing. SMom is listed as auxiliary contact.

    Ex also filled out the bus schedule wrong - says they should be picked up at his house on Th and e/o Friday - they should be picked up at his house EVERY FRIDAY. Dumbass.

    For 'my' days, he's simply filled in "On M,T and e/o F kids should be dropped off at 'Mom's Arrangement'.

    This was all in a SEALED envelope. How confused would the school be, really? Dumbass.

    So, I've got plenty to do w/out standing around in the Dentist's office while the receptionist figures out how to run a copier.

    Ex also changed the contact info @ Children's Mercy and removed me, so I have to go down there today and fix that so I can get a copy of medical test results.

    Tomorrow, he and I have to meet with a psychologist that's going to evaluate the youngest girl since Ex's wife thinks she's ADD. Won't THAT be fun. Maybe she'll decide he should be involuntarily committed...
    Good Lord you have patience. I would've been at the courthouse filing a show cause for contempt motion -- not to mention reviewing if I could have her entered as an additional defendant for interference -- or bringing civil action against her.

Similar Threads

  1. Medical Records
    By crappypants in forum Medical and Health Care Malpractice
    Replies: 9
    Last Post: 07-13-2005, 07:15 PM
  2. Medical Records
    By ChevyGirl in forum Child Custody & Visitation
    Replies: 11
    Last Post: 11-03-2002, 09:53 PM
  3. medical records
    By maddogruth in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 3
    Last Post: 01-15-2001, 05:35 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.